A short guide on medical negligence

Consideration was given for the editing and publication of this post.

When doctors, nurses, technicians, and other medical staff attend you, they must provide you with standard care. If they offer you wrong treatment, or misdiagnose your condition, or cause you any harm due to their lack of attention, then you can file a case for the claim on the grounds of medical negligence. Some of the ordinary instances of medical negligence have been listed below.

  • Not attending or treating emergency medical cases
  • Giving early discharge to patients without proper examination
  • Exhibiting carelessness or lack of expertise while using a medical device on patients, such as at the time of inserting breathing tubes or channels
  • Releasing patient from the mental hospital despite his or her violent behaviour
  • Not providing proper treatment to pregnant women
  • Committing errors and carelessness at the time of surgery, such as leaving a surgical knife in the stomach of the patient

Like other countries, Australia also does not let their medical practitioners go free if found guilty. However, if reasonable care has been given, and it was not possible to predict possible injuries, then one cannot make any claim. For example, if you underwent an operation which led to injury and pain due to some problem with your immune system, then it’s not the doctor’s liability.

Anyway, if there has been negligence on the part of the medical staff and certain malpractices were indulged, then you can make a claim and file a legal case against the other party, whether it involves one person or a team of them. To file a complaint, you need to prove that injuries were avoidable. You need to collect evidence to prove the Judge that if the doctor was careful, the damage could have been avoided.  Remember that not only physical injury but a case of breach of doctor-patient confidentiality also falls in this realm.

What steps should you take?

Getting a second opinion is crucial in case of medical negligence. For example, if the injury involves your brain, check it with the neurologist and not a general physician. Make sure the doctor is neutral. For that, visiting some other clinic will be a good idea. Be aware of the causes of injuries and their severity. Have a guardian to oversee all the things if your injuries are serious.

After consulting another doctor, you need to hire a legal advisor who specializes in this field and has credible experience. You can consider contacting Strategic Lawyers Townville or other law firms based on your choice. The medical law attorney will be able to have an objective look at your claim and its possible consequences. If your injuries were minor and did not have any significant impact on your health or circumstances, then your lawyer may advise you against taking the legal route.

The healthcare industry in Australia adheres to best medical practices, and the chances of encountering an instance of medical negligence and malpractices can be rare. But you cannot deny the likelihood of its existence. If you receive inappropriate behaviour or inadequate medical treatment, you should consider fighting your case under the guidance of a seasoned attorney. The amount of compensation may not be high, but if your case is strong, it will have a direct impact on the payout.

June 7, 2019 · Tim Kevan · Comments Closed
Posted in: Uncategorized